Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Proposed Rules 23227 

Dated: April 20, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

For the reasons stated, 19 CFR part 

351 is proposed to be amended as 

follows: 

PART 351—ANTIDUMPING AND 

COUNTERVAILING DUTIES 

1. The authority citation for 19 CFR 

part 351 continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C 1202 

note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et 

seq.; and 19 U.S.C. 3538. 

2. In § 351.205, revise paragraphs (a) 

and (d) to read as follows: 

(a) Introduction. A preliminary 

determination in an antidumping or 

countervailing duty investigation 

constitutes the first point at which the 

Secretary may provide a remedy 

(sometimes referred to as ‘‘provisional 

measures’’) if the Secretary preliminarily 

finds that dumping or countervailable 

subsidization has occurred. Whether the 

Secretary’s preliminary determination is 

affirmative or negative, the investigation 

continues. This section contains rules 

regarding deadlines for preliminary 

determinations, postponement of 

preliminary determinations, notices of 

preliminary determinations, and the 

effects of affirmative preliminary 

determinations. 

* * * * * 

(d) Effect of affirmative preliminary 

determination. If the preliminary 

determination is affirmative, the 

Secretary will take the actions described 

in section 703(d) or section 733(d) of the 

Act (whichever is applicable). With 

respect to section 703(d)(1)(B) and 

733(d)(1)(B) of the Act, the Secretary 

will normally order the posting of cash 

deposits to ensure payment if 

antidumping or countervailing duties 

ultimately are imposed. In making 

information available to the 

Commission under section 703(d)(3) or 

section 733(d)(3) of the Act, the 

Secretary will make available to the 

Commission and to employees of the 

Commission directly involved in the 

proceeding the information upon which 

the Secretary based the preliminary 

determination and which the 

Commission may consider relevant to 

its injury determination. 

[FR Doc. 2011–10045 Filed 4–25–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0230] 

RIN 1625–AA00 

Safety Zone, Newport River; Morehead 

City, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes the 

establishment of a safety zone on the 

waters of the Newport River under the 

main span US 70/Morehead City— 

Newport River high rise bridge in 

Carteret County, NC. This safety zone is 

necessary to provide for safety of life on 

navigable waters during the 

disestablishment of staging for bridge 

maintenance. This rule will enhance the 

safety of the contractors performing 

maintenance as well as the safety of the 

vessels that plan to transit this area 

between 10 a.m. and 4 p.m. on August 

20, 2011. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 26, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0230 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail BOSN3 Joseph M. 

Edge, Coast Guard Sector North 

Carolina, Coast Guard; telephone 252– 

247–4525, e-mail 

Joseph.M.Edge@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0230), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2011–0230’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
23228 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Proposed Rules 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

0230’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Basis and Purpose 

The State of North Carolina 

Department of Transportation awarded a 

contract to Astron General Contracting 

Company of Jacksonville, NC to perform 

bridge maintenance on the US Highway 

70 Fixed bridge crossing Newport River 

at Morehead City, North Carolina. The 

contract provides for cleaning, painting, 

and steel repair to begin on June 1, 2011 

and will be completed by August 20, 

2011. The contractor requires the main 

channel in the vicinity of the bridge to 

remain closed during demobilization on 

August 20, 2011 from 10 a.m. to 4 p.m. 

The Coast Guard will temporarily 

restrict access to this section of Newport 

River during the demobilization of the 

bridge maintenance equipment. 

Discussion of Proposed Rule 

The temporary safety zone will 

encompass the waters of the Newport 

River directly under the bridge, latitude 

34°43′15′′ North, longitude 076°41′39′′ 

West, and 100 yards on either side of 

the US Highway 70 Fixed bridge. All 

vessels are prohibited from transiting 

this section of the waterway while the 

safety zone is in effect. Entry into the 

safety zone will not be permitted except 

as specifically authorized by the Captain 

of the Port or a designated 

representative. To seek permission to 

transit the area, mariners may contact 

Sector North Carolina at (252) 247– 

4570. This zone will be enforced from 

10 a.m. to 4 p.m. on August 20, 2011. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Although this regulation will restrict 

access to the area, the effect of this rule 

will not be significant because: (i) The 

safety zone will be in effect for a limited 

time, from 10 a.m. to 4 p.m., on August 

20, 2011, (ii) the Coast Guard will give 

advance notification via maritime 

advisories so mariners can adjust their 

plans accordingly, and (iii) although the 

safety zone will apply to the section of 

the Newport River in the immediate 

vicinity of the US Highway 70 Fixed 

bridge, vessel traffic may use alternate 

waterways to transit safely around the 

safety zone. All Coast Guard vessels 

enforcing this regulated area can be 

contacted on marine band radio VHF– 

FM channel 16 (156.8 MHz). 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

recreational and fishing vessels 

intending to transit the specified portion 

of Newport River from 10 a.m. to 4 p.m. 

on August 20, 2011. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will 

only be in effect for six hours from 10 

a.m. to 4 p.m. Although the safety zone 

will apply to the section of the Newport 

River in the vicinity of the bridge, vessel 

traffic may use alternate waterways to 

transit safely around the safety zone. 

Before the effective period, the Coast 

Guard will issue maritime advisories 

widely available to the users of the 

waterway. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact CWO3 

Joseph Edge, Waterways Management 

Division Chief, Sector North Carolina, at 

(252) 247–4525. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Proposed Rules 23229 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. This proposed rule 

does not use technical standards. 

Therefore, we did not consider the use 

of voluntary consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of this instruction. 

This proposed rule involves the 

establishment of a temporary safety 

zone to protect the public from bridge 

maintenance operations. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add temporary § 165.T05–0230 to 

read as follows: 

§ 165.T05–0230 SAFETY ZONE; Newport 

River, Morehead City, North Carolina. 

(a) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commander, Sector North Carolina. 

Representative means any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized to act on the 

behalf of the Captain of the Port. 

(b) Location. The following area is a 

safety zone: This zone includes the 

waters of Newport River directly under 

the main span of the U.S. Highway 70 

fixed bridge at Morehead City, North 

Carolina, located at latitude 34°43′15′′ 

North, longitude 076°41′39′′ West, and 

100 yards on either side of that bridge. 

(c) Regulations. (1) The general 

regulations contained in § 165.23 of this 

part apply to the area described in 

paragraph (b) of this section. 

(2) Persons or vessels requiring entry 

into or passage through any portion of 

the safety zone must first request 

authorization from the Captain of the 

Port, or a designated representative, 

unless the Captain of the Port 

previously announced via Marine Safety 

Radio Broadcast on VHF Marine Band 

Radio channel 22 (157.1 MHz) that this 

regulation will not be enforced in that 

portion of the safety zone. The Captain 

of the Port can be contacted at telephone 

number (252) 247–4570 or by radio on 

VHF Marine Band Radio, channels 13 

and 16. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 10 a.m. to 4 p.m. 

on August 20, 2011 unless cancelled 

earlier by the Captain of the Port. 

Dated: April 12, 2011. 

A. Popiel, 

Captain, U.S. Coast Guard, Captain of the 

Port North Carolina. 

[FR Doc. 2011–9984 Filed 4–25–11; 8:45 am] 

BILLING CODE 9110–04–P 


jlentini on DSKJ8SOYB1PROD with PROPOSALS